MOHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide its judgment dated 10.01.2004, the Trial Court convicted and sentenced Mohan Singh - accused / petitioner (herein referred as 'the accused') to undergo rigorous imprisonment for two years and to pay fine of Rs.2000/- under Section 304-A of the Indian Penal Code 1860; to undergo rigorous imprisonment for six months, each under Sections 279 and 337 IPC. However, on 25.01.2005, the Appellate Court at Narnaul while dismissing his appeal, reduced the sentence to one year under Section 304-A IPC, without altering the sentence for other offence.

(2.) In brief, the prosecution version is that on 7.2.1998, Naresh Kumar along with Vikram Singh, Parveen and his uncle Lala Ram had gone to the Police Station Narnaul in connection with some matrimonial dispute. However, one Rajesh started hurling abuses there and then, on the advise of his uncle, Naresh left the Police Station on his scooter. Vikram and Parveen also left the place for village Seka on a motor cycle Hero Honda bearing Reg.No.RJ-02M/1851. Vikram and Parveen were fifty paces ahead of scooter of Naresh. When the motor-cycle of Vikram reached near Vidhata Hotel, Rewari Road, a mini bus bearing No.HR-35/8603 being driven by the accused rashly and negligently, and at a very high speed came and struck against the motor-cycle, as a result of which, Parveen died at the spot, while Vikram sustained multiple injuries on his head and legs. The First Information Report was registered; the accused was arrested and statements of the witnesses were recorded. On submission of the report under Section 173 of the Code of Criminal Procedure, 1973 against the accused, he was charged for the offences under Sections 279, 337 and 304- A IPC, to which he pleaded not guilty and opted to contest.

(3.) In an endeavour to prove its case, the prosecution examined as many as nine witnesses.